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University  oi  the  State  o!  Mew  York  Bulletin 

Entered  as  second-class  matter  August  2,  1913,  at  the  Post  Office  at  Albany,  N.  Y.» 
under  the  act  of  August  24,  1912  . • < * ■ 

Published  fortnightly  • 


No.  683  ALBANY  N.  Y.  - April  r,  1919 


Attendance  Division 

COMPULSORY  EDUCATION 

Article  23  of  the  Education  Law  (L.  19. 10,.  ch.  140,  as  amended 
by  L.  1911,  ch.  710;  L.  1913,  chs.  101,  511,  748;  L.  1917, 
ch.  563;  L.  1918,  ch.  415;  as  amended  by  L.  1919,  ch.  232.) 

Article  22  of  the  Education  Law  (as  amended  by  L.  1919, 
ch.  531). 


COMPULSORY  EDUCATION 


Section  620  Instruction  required  I 

621  Required  attendance  upon  instruction 

622  When  a boy  is  required  to  attend  evening  school 

623  Instruction  elsewhere  than  at  a public  school 

624  Duties  of  persons  in  paternal1  relation  to  children 

625  Penalty  for  failure  to  perform  paternal1  duty 

626  Unlawful  employment  of  children  and  penalty 

therefor 


627  Employer  must  display  record  certificate  and  even- 

ing, part-time  or  continuation  school  certificate 

628  Punishment  for  unlawful  employment  of  children 

629  Teachers  must  keep  record  of  attendance 

630  School  record  certificate 

631  Evening,  part-time  or  continuation  school  certificate 

632  Attendance  officers 

633  Arrest  of  truants 

634  Interference  with  attendance  officers 

635  Truant  schools 

636  Enforcement  of  law  and  withholding  the  State 

moneys  by  Commissioner  of  Education 

637  Attendance  of  illiterate  minors 

638  Certificates  of  principals  or  teachers 

601  (Article  22)  Part-time  or  continuation  schools. 

§ 620  Instruction  required.  The  instruction  required  under 
this  article  shall  be: 


1 So  in  original. 
Cl9r-Jl  19-7000  (7-829) 


2 


1 At  a public  school  in  which  at  least  the  six  common  school 
branches  of  reading,  spelling,  writing,  arithmetic,  English  lan- 
guage and  geography  are  taught  in  English. 

2 Elsewhere  than  a public  school  upon  instruction  in  the  same 
subjects  taught  in  English  by  a competent  teacher. 

§ 621  Required  attendance  upon  instruction.  1 Every  child 
within  the  compulsory  school  ages,  in  proper  physical  and  mental 
condition  to  attend  school,  residing  in  a city  or  school  district 
having  a population  of  five  thousand  or  more  and  employing  a 
superintendent'  of  schools,  shall  regularly  attend  upon  instruction 
as  follows : 

a Each  child  between  seven  and  fourteen  years  of  age  shall 
attend  the  entire  time  during  which  the  school  attended  is  in 
session,  which  period  shall  not  be  less  than  one  hundred  and  eighty 
days  of  actual  school. 

b Each  child  between  fourteen  and  sixteen  years  of  age  not 
regularly  and  lawfully  engaged  in  any  useful  employment  or 
service,  and  to  whom  an  employment  certificate  has  not  been 
duly  issued  under  the  provisions  of  the  labor  law,  shall  so  attend 
the  entire  time  during  which  the  school  attended  is  in  session. 
[Subdivision  amended  by  L.  1917,  ch.  563.] 

2 Every  such  child,  residing  elsewhere  than  in  a city  or  school 
district  having  a population  of  five  thousand  or  more  and  employ- 
ing a superintendent  of  schools,  shall  attend  upon  instruction 
during  the  entire  time  that  the  school  in  the  district  shall  be  in 
session,  as  follows: 

a Each  child  between  eight  and  fourteen  years  of  age. 

b Each  child  between  fourteen  and  sixteen  years  of  age  not 
regularly  and  lawfully  engaged  in  any  useful  employment  or 
service.  [Subdivision  amended  by  L.  1913,  cli.  511.] 

3.  The  provisions  of  this  section  are  intended  to  include  all 
Mind  children,  except  such  as  may  receive  appointments  under 
the  provisions  of  article  thirty-eight  of  this  chapter.  [Amended 
by  L.  191 1,  cli.  710.] 

4.  A child  within  the  prescribed  ages  as  provided  by  this  sec- 
tion shall  be  deemed  in  proper  physical  and  mental  condition  to 
attend  upon  instruction  unless  a certificate  shall  have  been  issued 
by  the  school  authorities  that  the  child  is  not  in  proper  physical 
and  mental  condition  to  so  attend.  No  physical  condition  which 
as  capable  of  correction  shall  avail  as  a defense  under  the  pro- 
visions of  this  article  unless  it  shall  be  made  to  appear  that  all 
reasonable  measures  of  the  correction  of  the  condition  and  the 


fc: 


c 

(7  0.66  3~  ’ : 3 

suitable  instruction  of  the  child  have  been  taken.  [Added  by 
L.  1919,  ch.  232.] 

§ 622  When  a boy  is  required  to  attend  evening  school.  1 Every 
boy  between  fourteen  and  sixteen  years  of  age,  in  a city  of  the 
first  class  or  a city  of  the  second  class  in  possession  of  an  employ- 
ment certificate  duly  issued  under  the  provisions  of  the  labor  law, 
who  has  not  completed  such  course  of  study  as  is  required  for 
graduation  from  the  elementary  public  schools  of  such  city,  and 
who  does  not  hold  either  a certificate  of  graduation  from  the 
public  elementary  school  or  the  preacademic  certificate  issued  by 
the  Regents  or  the  certificate  of  the  completion  of  an  elementary 
course  issued  by  the  Education  Department,  shall  attend  the 
public  evening  schools  of  such  city,  or  other  evening  schools 
offering  an  equivalent  course  of  instruction,  for  not  less  than  six 
hours  each  week,  for  a period  of  not  less  than  sixteen  weeks. 

2 When  the  board  of  education  in  a city  or  district  shall  have 
established  part-time  and  continuation  schools  or  courses  of 
instruction  for  the  education  of  young  persons  between  fourteen 
and  sixteen  years  of  age  who  are  regularly  employed  in  such  city 
or  district,  said  board  of  education  may  require  the  attendance 
in  such  schools  or  on  such  courses  of  instruction  of  any  young 
person  in  such  a city  or  district  who  is  in  possession  of  an  employ- 
ment certificate  duly  issued  under  the  provisions  of  the  labor  law, 
who  has  not  completed  such  courses  of  study  as  are  required  for 
graduation  from  the  elementary  public  schools  of  such  city  or 
district  or  equivalent  courses  of  study  in  parochial  or  other 
elementary  schools,  who  does  not  hold  either  a certificate  of 
graduation  from  the  public  elementary  school  or  a preacademic 
certificate  of  the  completion  of  the  elementary  course  issued  by 
the  Education  Department,  and  who  is  not  otherwise  receiving 
instruction  approved  by  the  board  of  education  as  equivalent  to 
that  provided  for  in  the  schools  and  courses  of  instruction  estab- 
lished under  the  provisions  of  this  act.  The  required  attendance 
provided  for  in  this  paragraph  shall  be  for  a total  of  not  less  than 
thirty-six  weeks  per  year,  at  the  rate  of  not  less  than  four  and  not 
more  than  eight  hours  per  week,  and  shall  be  between  the  hours 
of  eight  o’clock  in  the  morning  and  five  o’clock  in  the  afternoon 
of  any  working  day  or  days. 

3 The  children  attending  such  part-time  or  continuation  schools 
as  required  in  paragraph  two  of  this  section  shall  be  exempt  from 
the  attendance  on  evening  schools  required  in  paragraph  one  of 
this  section.  [Amended  by  L.  1913,  ch.  748.] 

§ 623  Instruction  elsewhere  than  at  a public  school.  If  any 


4 


such  child  shall  so  attend  upon  instruction  elsewhere  than  at 
a public  school,  such  instruction  shall  be  at  least  substantially 
equivalent  to  the  instruction  given  children  of  like  age  at  the 
public  school  of  the  city  or  district  in  which  such  child  resides; 
and  such  attendance  shall  be  for  at  least  as  many  hours  each  day 
thereof  as  are  required  of  children  of  like  age  at  public  schools; 
and  no  greater  total  amount  of  holidays  or  vacations  shall  be 
deducted  from  such  attendance  during  the  period  such  attendance 
is  required  than  is  allowed  in  such  public  school  to  children  of 
like  age.  Occasional  absences  from  such  attendance,  not  amount- 
ing to  irregular  attendance  in  the  fair  meaning  of  the  term,  shall 
be  allowed  upon  such  excuses  only  as  would  be  allowed  in  like 
cases  by  the  general  rules  and  practice  of  such  public  school. 

If  a child  required  to  attend  upon  instruction  as  provided  in 
this  article  does  not  attend  at  a public,  private  or  parochial  school 
maintained  in  the  city  or  district  in  which  the  parent  or  guardian 
of  said  child  resides,  such  parent  or  guardian  shall  upon  request 
furnish  satisfactory  proof  to  the  local  school  authorities  of  said 
city  or  district  that  said  child  or  ward  is  attending  upon  lawful 
instruction  elsewhere.  [Amended  by  L.  1917,  ch.  563.] 

§ 624  Duties  of  persons  in  parental  relation  to  children.  Every 
person  in  parental  relation  to  a child  within  the  compulsory 
school  ages  and  in  prtper  physical  and  mental  condition  to  attend 
school,  shall  cause  such  child  to  attend  upon  instruction,  as 
follows : 

1.  In  cities  and  school  districts  having  a population  of  five  thou- 
sand or  above,  every  child  between  seven  and  sixteen  years  of  age 
as  required  by  section  six  hundred  and  twenty-one  of  this  act 
unless  an  employment  certificate  shall  have  been  duly  issued  tt> 
such  child  under  the  provisions  of  the  labor  law  and  he  is  regu- 
larly employed  thereunder. 

2 Elsewhere  than  in  a city  or  school  district  having  a popula- 
tion of  five  thousand  or  above,  every  child  between  eight  and 
sixteen  years  of  age,  unless  such  child  shall  have  received  an 
employment  certificate  duly  issued  under  the  provisions  of  the 
labor  law  and  is  regularly  employed  thereunder  in  a factory  or 
mercantile  establishment,  business  or  telegraph  office,  restaurant, 
hotel,  apartment  house  or  in  the  distribution  or  transmission  of 
merchandise  or  messages,  or  unless  such  child  shall  have  received 
the  school  record  certificate  issued  under  section  six  hundred  and 
thirty  of  this  act  and  is  regularly  employed  elsewhere  than  in  the 
factory  or  mercantile  establishment,  business  or  telegraph  office,. 


5 


restaurant,  hotel,  apartment  house  or  in  the  distribution  or  trans- 
mission of  merchandise  or  messages. 

§ 625  Penalty  for  failure  to  perform  parental  duty.  A viola- 
tion of  section  six  hundred  and  twenty-four  shall  be  a misde- 
meanor, punishable  for  the  first  offense  by  a fine  of  not  exceeding 
five  dollars,  or  five  days’  imprisonment,  and  for  each  subsequent 
offense  by  a fine  of  not  exceeding  fifty  dollars,  or  by  imprisonment 
not  exceeding  thirty  days,  or  by  both  such  fine  and  imprisonment. 
Courts  of  special  session  and  police  magistrates  shall,  subject  to 
removal  as  provided  in  sections  fifty-seven  and  fifty-eight  of  the 
Code  of  Criminal  Procedure,  have  exclusive  jurisdiction  in  the 
first  instance  to  hear,  try  and  determine  charges  of  violations  of 
this  section  within  their  respective  jurisdictions.  A duly  at- 
tested transcript  of  the  record  of  attendance  and  absence  of  a child 
which  has  been  kept  by  a teacher,  as  provided  in  section  629 
of  this  chapter,  shall  be  accepted  as  presumptive  evidence  of  the 
attendance  of  such  child  in  any  proceeding  brought  under  the 
provisions  of  this  article.  [ Amended  by  L.  1919,  cli.  232.] 

§ 626  Unlawful  employment  of  children  and  penalty  therefor. 
It  shall  be  unlawful  for  any  person,  firm  or  corporation : 

1 To  employe  1 any  child  under  fourteen  years  of  age,  in  any 
business  or  service  whatever,  for  any  part  o’f  the  term  during 
which  the  public  schools  of  the  district  or  city  in  which  the  child 
resides  are  in  session. 

2 To  employ,  elsewhere  than  in  a city  of  the  first  class  or  a 
city  of  the  second  class,  in  a factory  or  mercantile  establishment, 
business  or  telegraph  office,  restaurant,  hotel,  apartment  house  or 
in  the  distribution  or  transmission  of  merchandise  or  messages, 
any  child  between  fourteen  and  sixteen  years  of  age  who  does  not 
at  the  time  of  such  employment  present  an  employment  certifi- 
cate duly  issued  under  the  provisions  of  the  labor  law,  or  to 
employ  any  such  child  in  any  other  capacity  who  does  not  at  the 
time  of  such  employment  present  a school  record  certificate  as 
provided  in  section  six  hundred  and  thirty  of  this  chapter. 

3 To  employ  any  child  between  fourteen  and  sixteen  years  of 
age  in  a city  of  the  first  class  or  a city  of  the  second  class  who 
does  not,  at  the  time  of  such  employment,  present  an  employment 
certificate,  duly  issued  under  the  provisions  of  the  labor  law. 

§ 627  Employer  must  display  record  certificate  and  evening,  part- 
time  or  continuation  school  certificate.  The  employer  of  any  child 
between  fourteen  and  sixteen  years  of  age  in  a city  or  district 


1 So  in  original. 


6 


shall  keep  and  shall  display  in  the  place  where  such  child  is 
employed,  the  employment  certificate  and  also  his  evening,  part- 
time  or  continuation  school  certificate  issued  by  the  school  author- 
ities of  said  city  or  district  or  by  an  authorized  representative  of 
such  school  authorities,  certifying  that  the  said  child  is  regularly 
in  attendance  at  an  evening,  part-time  or  continuation  school  of 
said  city  as  provided  in  section  six  hundred  and  thirty-one  of  this 
chapter.  [ Amended  by  L.  1913,  cli.  748.] 

§ 628  Punishment  for  unlawful  employment  of  children.  Any 
person,  firm,  or  corporation,  or  any  officer,  manager,  superintend- 
ent or  employee  acting  therefor,  who  shall  employ  any  child  con- 
trary to  the  provisions  of  sections  six  hundred  and  twenty-six 
and  six  hundred  and  twenty-seven  hereof,  shall  be  guilty  of  a mis- 
demeanor and  the  punishment  therefor  shall  be  for  the  first  offense 
a fine  of  not  less  than  twenty  dollars  nor  more  than  fifty  dollars; 
for  a second  and  each  subsequent  offense,  a fine  of  not  less  than 
fifty  dollars  nor  more  than  two  hundred  dollars.  [Amended  by 
L.  1913,  ch.  748.] 

§ 629  Teachers  must  keep  record  of  attendance.  An  accurate 
record  of  the  attendance  of  all  children  between  seven  and  six- 
teen years  of  age  shall  be  kept  by  the  teacher  of  every  school, 
showing  each  day  by  the  year,  month,  day  of  the  month  and  day 
of  the  week,  such  attendance,  and  the  number  of  hours  in  each 
day  thereof;  and  each  teacher  upon  whose  instruction  any  such 
child  shall  attend  elsewhere  than  at  school,  shall  keep  a like  record 
of  such  attendance.  Such  record  shall,  at  all  times,  be  open  to  the 
attendance  officers  or  other  persons  duly  authorized  by  the  school 
authorities  of  the  city  or  district,  who  may  inspect  or  copy  the 
same;  and  every  such  teacher  shall  fully  answer  all  inquiries 
lawfully  made  by  such  authorities,  inspectors,  or  other  persons, 
and  a wilful  neglect  or  refusal  so  to  answer  any  such  inquiry 
shall  be  a misdemeanor. 

§ 630  School  record  certificate.  1 A school  record  certificate 
shall  contain  a statement  certifying  that  a child  has  regularly 
attended  the  public  schools,  or  schools  equivalent  thereto,  or 
parochial  schools,  for  not  less  than  one  hundred  and  thirty  days 
during  the  twelve  months  next  preceding  his  fourteenth  birthday 
or  during  the  twelve  months  next  preceding  his  application  for 
such  school  record,  and  has  completed  the  work  in  reading,  writ- 
ing, spelling,  arithmetic,  English  language  and  geography,  in 
English,  prescribed  for  the  first  six  years  of  the  public  elementary 
school  or  parochial  school  or  school  of  equal  rank  maintaining  an 
equivalent  course  of  study  in  which  the  branches  specified  in 


7 


subdivision  one  of  section  six  hundred  and  twenty  of  this  chapter 
are  taught  in  English.  Such  record  shall  also  give  the  date  of 
birth  and  residence  of  the  child,  as  shown  on  the  school  records, 
and  the  name  of  the  child’s  parents,  guardian  or  custodian. 
Such  school  record  certificate  shall  be  in  the  form  prescribed  or 
approved  by  the  Commissioner  of  Education. 

^N"o  school  record  certificate  shall  be  issued  to  any  child  under 
fifteen  years  of  age  for  the  purpose  of  obtaining  an  employment 
certificate,  unless  such  child  at  the  age  of  fourteen  is  a graduate 
of  a public  elementary  school  or  parochial  school  or  a school  of 
equal  rank  maintaining  an  equivalent  course  of  study  in  which, 
the  branches  specified  in  subdivision  one  of  section  six  hundred 
and  twenty  of  this  chapter  are  taught  in  English ; or  holds  a pre- 
academic certificate  issued  by  the  Regents,  or  a certificate  of  the 
completion  of  an  elementary  course  issued  by  the  State  Educa- 
tion Department.  [Amended  by  L.  1913,  ch.  101,  and  L . 1917, 
ch.  563.] 

2 A teacher  or  superintendent  to  whom  application  shall  be 
made  for  a school  record  certificate  required  under  the  provisions 
of  the  labor  law  shall  issue  a school  record  certificate  to  any 
child  who,  after  due  investigation  and  examination,  may  be 
found  to  be  entitled  to  the  same  as  follows: 

fl  In  a city  of  the  first  class  by  the  principal  or  chief  executive 
of  a school. 

b In  all  other  cities  and  in  school  districts  having  a population 
of  five  thousand  or  more  and  employing  a superintendent  of 
schools,  by  the  superintendent  of  schools  only. 

c In  all  other  school  districts  by  the  principal  teacher  of  the 
school. 

d In  each  city  or  school  district  such  certificate  shall  be  fur^ 
nished  on  demand  to  a child  entitled  thereto  or  to  the  board  or 
commissioner  of  health. 

§ 631  Evening,  part-time  or  continuation  school  certificate.  The 

school  authorities  in  a city  or  district,  or  officers  designated  by 
them,  are  hereby  required  to  issue  to  each  child  lawfully  in  attend- 
ance at  an  evening,  part-time  or  continuation  school,  an  eve- 
ning, part-time  or  continuation  school  certificate  at  least  once  in 
each  month  during  the  months  said  evening,  part-time  or  con- 
tinuation school  is  in  session  and  at  the  close  of  the  term  of  said 
evening,  part-time  or  continuation  school,  provided  that  said 
child  has  been  in  attendance  upon  said  evening  school,  for  not 
le^s  than  six  hours  each  week  or  upon  said  part-time  or  con- 
tinuation school  for  not  less  than  four  hours  each  week,  for  such 


8 


number  of  weeks  as  will,  wheti  taken  in  connection  with  the 
number  of  weeks  'such  evening,  part-time  or  continuation  school 
respectively,  shall  be  in  session  during  the  remainder  of  the  cur- 
rent or  calendar  year,  make  up  a total  attendance  on  the  part  of 
said  child  in  said  evening  school,  of  not  less  than  six  hours  per 
week  for  a period  of ’not  less  than  sixteen  weeks  or  in  said  part- 
time  or  continuation*  School,  of  not  less  than  four  hours  per  week 
for  a period  of  not  less  than  thirty-six  weeks.  Such  certificate 
shall  state  fully  the  period  of  time  which  the  child  to  whom  it  is 
issued  was  in  attendance  upon  such  evening,  part-time  or  con- 
tinuation school.  * [Amended  by  L . 1913,  ch.  748.] 

§ 632  Attendance  officers.  1 The  school  authorities  of  each 
city,  union  free  school  district,  or  common  school  district  whose 
limits  include  in  whole  or  in  part  an  incorporated  village,  shall 
appoint  and  may  rehlOVe  at  pleasure  one  or  more  attendance 
officers  of  such  bity  or  district,  and  shall  fix  their  compensation 
and  may  prescribe  their  duties  not  inconsistent  with  this  article 
and  make  rules  and  regulations  for  the  performance  thereof;  and 
the  superintendent  of  schools  shall  supervise  the  enforcement  of 
this  article  within  such  city  or  school  district. 

2 The  town  board  of  each  town  shall  appoint,  subject  to  the 
written  approval  of  the  school  commissioner  (district  superinten- 
dent) of  the  district;  one  or  more  attendance  officers,  whose  juris- 
diction shall  extend  over  all  school  districts  in  said  town,  and 
which  are  not  by  this  section  otherwise  provided  for,  and  shall 
fix  their  compensation,  which  shall  be  a town  charge;  and  such 
attendance  officers,  • appointed  by  said  board,  shall  be  removable 
at  the  pleasure  of  the  school  commissioner  (district  superinten- 
dent) in  whose  commissioner  (supervisory)  district  such  town  is 
situated. 

§ 633  Arrest  of  truants.  1 The  attendance  officer  may  arrest 
without  a warrant  any  child  between  seven  and  sixteen  years  of 
age  who  is  a truant  from  instruction  upon  which  he  is  lawfully 
required  to  attend  within  the  city  or  district  of  such  attendance 
officer.  He  shall  forthwith  deliver  the  child  so  arrested  to  a 
teacher  from  whom  such  child  is  then  a truant,  or,  in  case  of 
habitual  and  incorrigible  truants,  shall  bring  them  before  a police 
magistrate  for  commitment  to  a truant  school  as  provided  in  sec- 
tion six  hundred  and  thirty-five. 

2 The  attendance  officer  shall  promptly  report  such  arrest  and 
the  disposition  which  he  makes  of  such  child,  to  the  school  author- 
ities of  the  said  city  or  district  where  such  child  is  lawfully 
required  to  attend  upon  instruction. 


9 


3 A truant  officer  in  the  performance  of  his  duties  may  enter, 
during  business  hours,  any  factory,  mercantile  or  other  establish- 
ment within  the  city  or  school  district  in  which  he  is  appointed 
and  shall  be  entitled  to  examine  employment  certificates  or  re- 
istry  of  children  employed  therein  on  demand. 

§ 634  Interference  with  attendance  officer.  Any  person  inter- 
fering with  an  attendance  officer  in  the  lawful  discharge  of  his 
duties  and  any  person  owning  or  operating  a factory,  mercantile 
or  other  establishment  who  shall  refuse  on  demand  to  exhibit  to 
such  attendance  officer  the  registry  of  the  children  employed  or 
the  employment  certificate  of  such  children  shall  be  guilty  of  a 
misdemeanor. 

§ 635  Truant  schools.  1 The  school  authorities  of  any  city  or 
school  district  may  establish  schools,  or  set  apart  separate  rooms 
in  public  school  buildings,  for  children  between  seven  and  six- 
teen years  of  age,  who  are  habitual  truants  from  instruction  upon 
which  they  are  lawfully  required  to  attend,  or  who  are  insubordi- 
nate or  disorderly  during  their  attendance  upon  such  instruction, 
or  irregular  in  such  attendance.  Such  school  or  room  shall  be 
known  as  a truant  school;  but  no  person  convicted  of  crimes  or 
misdemeanors  other  than  truancy,  shall  be  committed  thereto. 

2 School  authorities  may  provide  for  the  confinement,  main- 
tenance and  instruction  of  any  child  who  is  an  habitual  truant 
from  instruction  upon  which  he  is  lawfully  required  to  attend,  or 
is  insubordinate  or  disorderly  during  attendance  upon  such  in- 
struction, or  is  irregular  in  such  attendance  in  such  schools;  and 
they  or  the  superintendent  of  schools  in  any  city  or  school  dis- 
trict, may,  after  reasonable  notice  to  such  child  and  the  persons 
in  parental  relation  to  such  child,  and  an  opportunity  for  them 
to  be  heard,  and  with  the  consent  in  writing  of  the  persons  in 
parental  relation  to  such  child,  order  such  child  to  attend  such 
school,  or  to  be  confined  and  maintained  therein,  under  such 
rules  and  regulations  as  such  authorities  may  prescribe,  for 
a period  not  exceeding  two  years;  but  in  no  case  shall  a child 
be  so  confined  after  he  is  sixteen  years  of  age.  [Subdivision 
amended  by  L.  1917,  ch.  563.] 

3 Such  authorities  may  order  such  a child  to  be  confined  and 
maintained  during  such  period  in  any  private  school,  orphans’ 
home  or  similar  institution  controlled  by  persons  of  the  same 
religious  faith  as  the  persons  in  parental  relation  to  such  child, 
and  which  is  willing  and  able  to  receive,  confine  and  maintain 
such  child,  upon  such  terms  as  to  compensation  as  may  be  agreed 


10 


upon  between  such  authorities  and  such  private  school,  orphans’ 
home  or  similar  institution. 

4r  If  the  person  in  parental  relation  to  such  child  shall  not 
consent  to  either  of  such  orders  said  persons  shall  be  proceeded 
against  in  court  under  section  six  hundred  and  twenty-five  of  this 
chapter  by  the  school  authorities  or  such  officer  as  they  may  desig- 
nate. In  case  the  person  in  parental  relation  to  such  child  estab- 
lishes to  the  satisfaction  of  the  court  that  such  child  is  beyond 
his  control  such  child  shall  be  proceeded  against  as  a disorderly 
person,  and  upon  conviction  thereof,  if  the  child  was  lawfully 
required  to  attend  a public  school,  the  child  shall  be  sentenced 
to  be  confined  and  maintained  in  such  truant  school  for  a period 
not  exceeding  two  years;  or  if  such  child  was  lawfully  required 
to  attend  upon  instruction  otherwise  than  at  a public  school,  the 
child  may  be  sentenced  to  be  confined  and  maintained  for  a period 
not  exceeding  two  years  in  such  private  school,  orphans’  home  or 
other  similar  institutions,  if  there  be  one,  controlled  by  persons 
of  the  same  religious  faith  as  the  persons  in  parental  relation  to 
such  child,  which  is  willing  and  able  to  receive,  confine  and  main- 
tain such  child  for  a reasonable  compensation.  Such  confinement 
shall  be  conducted  with  a view  to  the  improvement  and  to  the 
restoration,  as  soon  as  practicable,  of  such  child  to  the  institution 
elsewhere,  upon  which  he  may  be  lawfully  required  to  attend. 

4 -a  An  habitual  truant  and  a child  who,  being  subject  to  the 
provisions  of  this  article,  has  been  lawfully  suspended  or  expelled 
from  school,  and  is  not  receiving  equivalent  instruction  elsewhere, 
as  provided  by  section  six  hundred  and  twenty-three  of  this  chap- 
ter, are  hereby  declared  to  be  ungovernable  children.  Any  such 
child  may  be  apprehended  by  a truant  officer  of  the  school  district 
or  city  where  the  child  resides,  or  by  any  peace  officer,  and 
brought  before  a police  magistrate  having  jurisdiction.  Notice 
shall  thereupon  be  given  to  the  child’s  parent,  guardian,  or  other 
person  standing  in  parental  relation  to  the  child,  and  upon  the 
submission  of  satisfactory  proof  that  the  child  is  an  habitual 
truant  or  that,  being  subject  to  this  article,  he  has  been  lawfully 
suspended  or  expelled  from  school  and  is  not  receiving  instruction 
elsewhere,  the  magistrate  may  commit  such  child  to  a truant 
school  maintained  by  such  district  or  city,  or,  if  no  such  truant 
school  is  maintained,  to  a private  school,  orphans’  home  or  other 
similar  institution  if  there  be  one,  controlled  by  persons  of  the 
same  religious  faith  as  the  persons  in  parental  relation  to  such 
child,  which  is  willing  and  able  to  receive,  confine  and  maintain 


11 


such  child  for  a reasonable  compensation.  [Subdivision  added  by 
L.  1917,  eh.  563.] 

5 The  authorities  committing  any  such  child,  and  in  cities  and 
districts  having  a superintendent  of  schools  such  superintendent 
shall  have  authority,  in  his  discretion,  to  parole  at  any  time  any 
truant  so  committed  by  them. 

6 Every  child  lawfully  suspended  from  attendance  upon 
instruction  for  more  than  one  week,  shall  be  required  to  attend 
such  truant  school  during  the  period  of  such  suspension. 

7 The  school  authorities  of  any  city  or  school  district,  not 
having  a truant  school,  may  contract  with  any  other  city  or  dis- 
trict having  a truant  school,  for  the  confinement,  maintenance  and 
instruction  therein  of  children  whom  such  school  authorities 
might  require  to  attend  a truant  school,  if  there  were  one  in  their 
own  city  or  district. 

8 Industrial  training  shall  he  furnished  in  every  such  truant 
school. 

9 The  expense  attending  the  commitment  and  cost  of  mainte- 
nance of  any  truant  residing  in  any  city,  or  district,  employing 
a superintendent  of  schools  shall  he  a charge  against  such  city, 
or  district,  and  in  all  other  cases  shall  be  a county  charge. 

§ 636  Enforcement  of  law  and  withholding  the  State  moneys  by 
Commissioner  of  Education.  1 The  Commissioner  of  Education 
shall  supervise  the  enforcement  of  this  law  and  he  may  withhold 
one  half  of  all  public  school  moneys  from  any  city  or  district, 
which,  in  his  judgment,  wilfully  omits  and  refuses  to  enforce  the 
provisions  of  this  article,  after  due  notice,  so  often  and  so  long  as 
such  wilful  omission  and  refusal  shall,  in  his  judgment,  continue. 

2 If  the  provisions  of  this  article  are  complied  with  at  any 
time  within  one  year  from  the  date  on  which  said  moneys  were 
withheld,  the  moneys  so  withheld  shall  be  paid  over  by  said 
Commissioner  of  Education  to  such  district  or  city,  otherwise 
forfeited  to  the  State. 

§ 637  Attendance  of  illiterate  minors.  1 Every  minor,  between 
sixteen  and  twenty-one  years  of  age,  who  does  not  possess  such 
ability  to  speak,  read  and  write  the  English  language,  as  is 
required,  for  the  completion  of  the  fifth  grade  of  the  public  or 
private  schools  of  the  city  or  school  district  in  which  he  resides, 
shall  attend  some  day  or  evening  school  or  some  school  maintained 
by  an  employer  as  hereinafter  provided  in  subdivision  6 of  this 
act,  in  the  city  or  district  in  which  he  resides  throughout  the 
entire  time  such  school  is  in  session;  provided  that  no  such  minor 


12 


be  required  to  attend,  if  the  Commissioner  of  Health,  or  the 
executive  officer  of  the  board  or  department  of  health  of  the  city, 
town,  village  or  district,  where  such  minor  resides,  or  an  officer 
thereof  designated  by  such  board,  department  or  commissioner 
shall  deem  such  minor  to  be  physically  or  mentally  unfit  to  attend. 

2 Any  minor  subject  to  the  provisions  of  this  section,  who 
wilfully  violates  any  provisions  of  this  section,  shall  be  punished 
by  a fine  of  not  exceeding  five  dollars. 

3 Every  person  having  in  his  control  any  minor  subject  to 
the  provisions  of  this  section  shall  cause  such  minor  to  attend  a 
school  as  hereby  required ; and  if  such  person  fails  for  six  sessions 
within  a period  of  one  month  to  cause  such  minor  to  so  attend 
school,  unless  the  Commissioner  of  Health  or  the  executive  officer 
of  the  board  or  department  of  health  of  the  city,  town,  village 
or  district  where  such  minor  resides  or  an  officer  thereof  desig- 
nated by  such  board,  department  or  commissioner  shall  certify 
that  such  minor’s  physical  or  mental  condition  is  such  as  to  render 
his  attendance  at  school  harmful  or  impracticable,  such  person 
shall,  upon  complaint  by  a truant  officer  and  conviction  thereof, 
be  punished  by  a fine  of  not  more  than  twenty  dollars. 

4 Whoever  induces  or  attempts  to  induce  such  minor  to  absent 
himself  unlawfully  from  school  or  employs  such  minor  except  as 
is  provided  by  law,  or  harbors  such  who,  while  school  is  in  session, 
is  absent  unlawfully  therefrom,  shall  be  punished  by  a fine  of  not 
more  than  fifty  dollars. 

5 The  employer  of  any  minor  subject  to  the  provisions  of  this 
section  shall  procure  from  such  minor  and  display  in  the  place 
where  such  minor  is  employed  the  weekly  record  of  regular  attend- 
ance upon  a school  and  it  shall  be  unlawful  for  any  person  to 
employ  any  minor  subject  to  the  provisions  of  this  section  until 
and  unless  he  procures  and  displays  said  weekly  record  as  herein 
provided.  It  shall  be  the  duty  of  the  teacher  or  principal  of  the 
school  upon  which  he  (such  minor)  attends  to  provide  each  week 
such  minor  with  a true  record  of  attendance. 

6 Any  employer  may  meet  the  requirements  of  this  act  by 
conducting  a class  or  classes  for  teaching  English  and  civics  to 
foreign-born  in  shop,  store,  plant  or  factory,  under  the  super- 
vision of  the  local  school  authorities,  and  any  minor  subject  to  the 
provisions  of  this  act  may  satisfy  the  requirement  by  attendance 
upon  such  classes. 

§ 638  Certificates  of  principals  or  teachers.  Certificates  issued 
by  any  principal  or  teacher  of  schools  as  to  the  attendance  or 
nonattendance  of  any  person  who  should  attend  such  school  shall 


13 


be  presumptive  evidence  of  the  facts  therein  stated.  [Added  by 
L.  1919,  ch.  303.] 

Note,  Schools  are  to  be  in  session  for  at  least  180  days  beginning 
on  the  first  Tuesday  of  September.  It  is  provided  by  section  492 
of  the  Education  Law,  as  amended  by  Laws  of  1913,  chapter  511, 
that  all  schools  shall  be  in  session  for  180  days,  to  entitle  districts 
to  full  apportionments  of  public  moneys,  and  that  u in  common 
school  districts  the  term  of  school  shall  begin  each  year  on  the 
first  Tuesday  of  September.” 

Note.  Since  the  following  provisions  of  Article  22  of  the  school  law  are 
compulsory  and,  mandatory , the  same  are  included  herein  below. 

Article  22 

Section  601  Part-time  or  continuation  schools  shall  be  estab- 
lished in  cities  and  school  districts. 

d The  board  of  education  of  each  city  and  of  each  such  school 
district  shall  make  necessary  arrangements  to  begin  to  operate  and 
maintain  such  part-time  or  continuation  schools  or  classes,  on  the 
opening  of  the  public  schools  in  September  1920,  and  shall 
annually  thereafter  in  September  open  and  maintain  additional 
schools  and  classes  so  that  by  the  opening  of  the  public  schools 
in  September  1925,  a sufficient  number  of  such  schools  shall 
have  been  established  as  to  afford  the  required  instruction  under 
this  article  to  those  minors  who  are  required  to  attend  such  schools 
or  classes. 

e Each  minor  under  the  age  of  eighteen  years,  who  is  not  in 
regular  attendance  upon  a public,  private  or  parochial  school  or 
who  is  regularly  and  lawfully  employed  in  some  occupation  or 
service,  unless  such  minor  has  completed  a four-year  secondary 
course  of  instruction  approved  by  the  Regents  of  the  University, 
shall  attend  a part-time  or  continuation  school  or  class  in  the  city 
or  district  in  which  such  minor  resides  or  may  be  employed.  Such 
attendance  shall  be  for  not  less  than  four  hours  per  week  and  not 
more  than  eight  hours  per  week  for  each  week  which  such  school 
or  class  is  in  session  except  that  the  school  authorities  may,  subject 
to  the  approval  of  the  Commissioner  of  Education,  permit  any 
such  minor  to  increase  the  number  of  hours  per  week  of  required 
attendance  and  decrease  the  number  of  weeks  of  required  attend- 
ance. Such  minor  who  is  temporarily  out  of  regular  employment 
or  service  shall  attend  such  school  not  less  than  twenty  hours  per 
week.  The  attendance  upon  a part-time  or  continuation  school 
or  class  shall  be  between  the  hours  of  eight  o’clock  forenoon  and 
five  o’clock  afternoon. 

h The  parent,  guardian  or  other  person  having  the  custody  or 


14 


control  of  a minor  who  is  required  under  the  provisions  of  this 
article  to  attend  a part-time  or  continuation  school  or  class  shall 
cause  such  minor  to  attend  such  school  or  class.  A parent,  guar- 
dian or  other  person  who  refuses  or  fails  to  comply  with  this  pro- 
vision of  the  law  shall  be  deemed  guilty  of  a misdemeanor  and 
upon  conviction  shall  be  subject  to  a fine  of  not  more  than  one 
hundred  dollars  or  by  imprisonment  for  not  more  than  ten  days, 
or  both  such  fine  and  imprisonment  at  the  discretion  of  the  court. 
Any  minor  under  sixteen  years  of  age  who  fails  to  attend  upon 
•instruction  as  defined  by  this  article  shall  be  subject  to  the  pro- 
visions of  section  635  of  the  Education  Law,  and  a minor  over 
sixteen  years  of  age  who  fails  to  attend  upon  instruction  as 
required  by  this  act  may  be  punished  for  any  such  violation  by  a 
fine  not  exceeding  ten  dollars,  or  by  imprisonment  for  not  more 
than  ten  days,  or  by  both  such  fine  and  imprisonment. 

i Any  person,  firm  or  corporation  employing  a minor  between 
the  ages  of  fourteen  years  and  eighteen  years  shall  permit  the 
attendance  of  such  minor  upon  a part-time  school  or  class  when- 
ever such  part-time  school  or  class  shall  have  been  established  in 
the  city  or  district  where  the  minor  resides  or  may  be  employed, 
and  upon  the  termination  of  employment  of  any  such  minor  the 
employer  shall  return  within  three  days  the  employment  certifi- 
cate of  such  minor  by  mail  to  the  School  authorities,  and  a per- 
son, firm  or  corporation  employing  a minor  over  fourteen  years 
of  age  and  less  than  eighteen  years  of  age  contrary  to  the  pro- 
visions of  this  article  shall  be  subject  to  a fine  of  not  less  than 
twenty-five  dollars  and  not  more  than  one  hundred  dollars  for  each 
offense  or  by  imprisonment  in  the  city  or  county  jail  for  not  less 
than  five  days  and  not  more  than  ten  days,  or  by  such  fine  and 
imprisonment  at  the  discretion  of  the  court.  A person,  firm  or 
corporation,  which  has  in  its  employ  a minor  who  fails  to  attend 
a part-time  or  continuation  school  or  class  as  required  herein,  shall 
immediately  discontinue  the  services  of  such  minor  upon  receiving 
from  tfie  school  authorities  written  notice  of  the  failure  of  such 
minor  to  attend  such  part-time  or  continuation  school  or  class,  and 
a person,  firm  or  corporation  violating  this  provision  of  law  shall 
be  subject  to  a fine  of  fifty  dollars  for  each  offense. 

j The  board  of  education  of  each  city  or  district  having  a 
population  of  five  thousand  or  more  inhabitants  is  hereby  required 
to  enforce  the  provisions  of  this  law  and  the  Commissioner  of  Edu- 
cation is  hereby  charged  with  the  duty  and  vested  with  necessary 
authority  to  supervise  the  enforcement  and  administration  of  this 
act.  [Amended  by  L.  1919,  ch.  531.] 


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